What is a Temporary Injunction During a Divorce?Putnam Law Office
Divorces tend to involve a lot of legal decisions, some of which may involve temporary injunctions and restraining orders until the family court makes final decisions. In some cases, these temporary restrictions may become permanent by the end of the divorce trial through court orders. However, working with the right lawyer may be able to help you avoid permanent restrictions. Talk to an Oklahoma Family Lawyer to find out more information regarding your legal options.
Temporary Injunction Restrictions
Temporary injunctions are restrictions placed on you by the court for a limited period of time, usually, until the divorce is finalized. Once a petition is filed with family court, an automatic temporary injunction will be put in place until further notice. Injunctions can be used by courts to preserve evidence and protect third parties until the trial. Otherwise, vital evidence needed by one party in the divorce trial could be thrown out.
Injunctions are also used to prevent the destruction of spousal property, altering any kind of insurance policies, opening mail addressed to the other party, and signing the other spouse’s name on contracts or checks. All parties are expected to keep their insurance the same until the divorce is finalized and permanent orders are in place.
These are done to prevent either spouse from harassing the other spouse. Both spouses are also expected to avoid disturbing the peace in the family, to not deny visitation with their children, and not to move the children from their current education program.
Automatic temporary injunctions are not enforced by the courts because you have the ability to waive the injunction as long as you and your spouse provide signatures to confirm this decision.
Temporary Restraining Orders
Temporary restraining orders are common with divorces that involve substantial animosity or potential dangers to the children. Some examples of potential dangers involve domestic violence, child abuse, or spousal abuse. Abuse can take the form of neglect, physical abuse, sexual abuse, and psychological abuse. These restraining orders are a type of pre-trial injunction that will end or become a permanent order once the divorce is finalized.
To obtain a restraining order, you will need to convince the court that you or your children will receive irreparable injuries unless this order is granted. The usual time limit for temporary restraining orders is about 14 days, after which, the order will need to be extended per your request.
A restraining order mandates your spouse to maintain a predetermined distance away from you or your children at all times and can order your spouse to refrain from contacting you or your children either directly or indirectly, through a third party. This may mean your spouse cannot visit you at home or work. These orders can be granted without your spouses knowledge, but they must be served upon your spouse once the restraining order is granted. A restraining order cannot be appealed.
Family Attorney in Oklahoma
Figuring out whether you need temporary injunctions or trying to work around a temporary injunction you did not agree to can be difficult to manage on your own. Be sure to talk to an Oklahoma Divorce Lawyer if you find yourself in a tricky situation like this. Contact Putnam Law Office at (405)-849-4898 today for a consultation. Mr. Putnam is an Oklahoma City, Oklahoma attorney who is dedicated to his clients.